Senate Bill No. 95–Senator Titus
February 9, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions authorizing state
employees to obtain additional retirement credit as payment for unused sick
leave. (BDR 23‑210)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to state personnel; revising the provisions authorizing state employees to
obtain additional retirement credit as payment for unused sick leave; and
providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 284.355
is hereby amended to read as follows:
1-2 284.355 1. Except as otherwise provided in this section,
all
1-3 employees in the public
service, whether in the classified or unclassified
1-4 service, are entitled to
sick and disability leave with pay of 1 1/4 working
1-5 days for each month of
service, which may be cumulative from year to
1-6 year. After an employee has
accumulated 90 working days of sick leave,
1-7 the amount of additional
unused sick leave which he is entitled to carry
1-8 forward from one year to the
next is limited to one-half of the unused sick
1-9 leave accrued during that
year, but the department may by regulation
1-10 provide for subsequent use
of unused sick leave accrued but not carried
1-11 forward by reason of this
limitation in cases where the employee is
1-12 suffering from a long-term
or chronic illness and has used all sick leave
1-13 otherwise available to him.
Upon the retirement of an employee, his
1-14 termination through no fault
of his own or his death while in public
1-15 employment, the employee or
his beneficiaries are entitled to payment for
1-16 his unused sick leave in
excess of 30 days, exclusive of any unused sick
1-17 leave accrued but not
carried forward, [according] in either or a
1-18 combination of the following forms:
1-19 (a) Through the purchase of
additional retirement credit, if he is
1-20 otherwise eligible pursuant to chapter 286 of NRS, in the amount of
1
1-21 day of service credit for each hour of unused sick leave.
1-22 (b) According to his number of years of
public service, except service
1-23 with a political subdivision
of the state, as follows:
2-1 [(a)] (1)
For 10 years of service or more but less than 15 years, not more
2-2 than $2,500.
2-3 [(b)] (2)
For 15 years of service or more but less than 20 years, not more
2-4 than $4,000.
2-5 [(c)] (3)
For 20 years of service or more but less than 25 years, not more
2-6 than $6,000.
2-7 [(d)] (4)
For 25 years of service or more, not more than $8,000.
2-8 The department may by
regulation provide for additional sick and
2-9 disability leave for
long-term employees and for prorated sick and
2-10 disability leave for
part-time employees.
2-11 2. An employee entitled to
payment for unused sick leave pursuant to
2-12 subsection 1 may elect to
receive [the] payment pursuant to paragraph (b)
2-13 of subsection 1 in [any one or
more] either or a combination of
the
2-14 following forms:
2-15 (a) A lump-sum payment.
2-16 (b) An advanced payment of the premiums or contributions for
2-17 insurance coverage for which
he is otherwise eligible pursuant to chapter
2-18 287 of NRS. If the insurance
coverage is terminated and the money
2-19 advanced for premiums or
contributions pursuant to this subsection
2-20 exceeds the amount which is
payable for premiums or contributions for the
2-21 period for which the former
employee was actually covered, the unused
2-22 portion of the advanced
payment must be paid promptly to the former
2-23 employee or, if he is
deceased, to his beneficiary.
2-24 [(c) The purchase of
additional retirement credit, if he is otherwise
2-25 eligible pursuant to chapter 286 of NRS.]
2-26 3. Officers and members of
the faculty of the University and
2-27 Community College System of
Nevada are entitled to sick and disability
2-28 leave as provided by the
regulations adopted pursuant to subsection 2 of
2-29 NRS 284.345.
2-30 4. The department may by
regulation provide policies concerning
2-31 employees with mental or
emotional disorders which:
2-32 (a) Utilize a liberal approach to the granting of sick leave or
leave
2-33 without pay when it is
necessary for them to be absent for treatment or
2-34 temporary hospitalization.
2-35 (b) Provide for the retention of their jobs for reasonable periods
of
2-36 absence, and where extended
absence necessitates separation or retirement,
2-37 provide for their
reemployment if at all possible after recovery.
2-38 (c) Protect employee benefits such as retirement, life insurance
and
2-39 health benefits.
2-40 5. The director shall
establish by regulation a schedule for the accrual
2-41 of sick leave for employees
who regularly work more than 40 hours per
2-42 week or 80 hours biweekly.
The schedule must provide for the accrual of
2-43 sick leave at the same rate
proportionately as employees who work a 40-
2-44 hour week accrue sick leave.
2-45 6. The department may
investigate any instance in which it believes
2-46 that an employee has taken
sick or disability leave to which he was not
2-47 entitled. If, after notice
to the employee and a hearing, the commission
2-48 determines that he has in
fact taken sick or disability leave to which he was
3-1 not entitled, the commission
may order the forfeiture of all or part of his
3-2 accrued sick leave.
3-3 Sec. 2. NRS 286.3005 is hereby amended to read as follows:
3-4 286.3005 [A] Except as otherwise required to carry
out the
3-5 provisions of NRS 284.355, a state agency may purchase credit for service
3-6 on behalf of a member only
as provided in NRS 286.3007. Except as
3-7 otherwise required as a
result of NRS 286.537 or 391.165, any other public
3-8 employer may pay any portion
of the cost to purchase credit for service
3-9 under NRS 286.300, but is
not required to do so. No credit may be
3-10 validated unless the cost of
purchasing credit has been paid.
3-11 Sec. 3. This act becomes effective on July 1, 2001.
3-12 H